debit finance relocation criteria, need help.

negyvas

Hello,

I have a 12 month contract with my gym and would like to cancel because of relocation. I have sent them notice and they replied with answer: "the information which you have provided does not fall within our required criteria for cancellation due to relocation, due to the distance which you have moved from the facility."

And here is my contract excerpt:
Limited right to cancel

During the minimum period of the agreement you may cancel the agreement only:

If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place.

I moved away from the gym by 2.7 miles, but my travel time increased from 18-20 minutes to 46 minutes by public transport.

So my question is if it is fair ?

P.s. my relocation was planned and I asked gym administrator before I signed up if I will be able to cancel my contract and he said I will.

wealdroam

negyvas wrote: »

Hello,

I have a 12 month contract with my gym and would like to cancel because of relocation. I have sent them notice and they replied with answer: "the information which you have provided does not fall within our required criteria for cancellation due to relocation, due to the distance which you have moved from the facility."

And here is my contract excerpt:
Limited right to cancel

During the minimum period of the agreement you may cancel the agreement only:

If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place.

I moved away from the gym by 2.7 miles, but my travel time increased from 18-20 minutes to 46 minutes by public transport.

So my question is if it is fair ?

P.s. my relocation was planned and I asked gym administrator before I signed up if I will be able to cancel my contract and he said I will.

I believe this falls foul of The Unfair Terms in Consumer Contracts Regulations 1999.

Schedule 2 of the UTCCRs paragraph 1(m) says:

INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR

1. Terms which have the object or effect of–

(m)giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract;

So to answer your question... yes it is unfair.

I am sorry but I don't know the best way to progress this.
Maybe Small Claims Court?
But maybe just pointing out their error to them will be enough.

Here is an OFT guide to unfair terms in gym contracts.

It appears that Debit Finance Collections plc may be the only company left that includes that silly term.
I like the banner on their homepage:

At DFC we do things differently.

baza52

2.7 miles takes 46 minutes. that's about 3.5mph
Can you not cycle or walk as it would be quicker and you would be getting fitter at the same time.

negyvas

Thanks.

Sorry for confuse, I moved further away from gym by 2.7 miles, total distance now is 4.1 miles. I don't have a bike so I use public transport, but anyways I was promised to be able to cancel after relocation. So will try to cancel my contract using above statement.

browneyedbazzi

You might find this information from the CAB useful:

http://www.adviceguide.org.uk/scotland/consumer_s/travel_leisure_and_food_e/consumer_gym_membership_e/cancelling_a_gym_membership.htm